Lalu Kumar Yadav v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.11352 of 2022 Arising Out of PS. Case No.-491 Year-2021 Thana- BIHPUR District- Bhagalpur ====================================================== LALU KUMAR YADAV S/o Late Bhumi Yadav R/o village- Narayanpur, P.S.- Bihpur (Bhawanipur ), District- Bhagalpur ... ... Petitioner/s
Versus
The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr.Amrendra Kumar For the Opposite Party/s :
Mr.Dr. Indiwar Kumari ====================================================== CORAM: HONOURABLE MR. JUSTICE DR. ANSHUMAN ORAL ORDER 29-06-2022 Heard learned counsel for the petitioner and learned A.P.P. for the State.
The petitioner seeks regular bail in connection with Bihpur (Bhawanipur) P.S. Case No. 491 of 2021 lodged under Sections 30(b) and 30(c) of Bihar Prohibition and Excise Act, 2018.
Learned counsel for the petitioner submits that name of the petitioner is figured in this case by the hearsay evidence that is to say the local person present there. It was further submitted that gas cylinder, drum, aluminium tasla, one gas chulha with apparatus by which wine use to be prepared and two big drum country made wine was alleged to be recovered but it has been also stated in the FIR that the alleged two drum wine was destroyed on the spot by the informant police.
Patna High Court CR. MISC. No.11352 of 2022(2) dt.29-06-2022 2/2 Learned counsel for the petitioner submits that petitioner has clean antecedent, charge sheet has already been filed in this case and he is in custody since 09.11.2021.
Learned APP for the State opposes the prayer for bail. Considering the facts and circumstances that the petitioner is in custody since 09.11.2021, charge sheet has already been filed and having clean antecedent, let the petitioner above named, is directed to be released on bail on furnishing bail bonds of Rs. 20,000/-(Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Special Excise Judge-1st, Bhagalpur in connection with Bihpur (Bhawanipur) P.S. Case No. 491 of 2021, subject to the conditions as laid down under Section 437(2) of the Cr.P.C. (Dr. Anshuman, J) Gautam/- U T